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Home My WebLink About08-7548V LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN BUTLER, NO. 08 - q648 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OF- '754 09 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Catherine L. Butler, an adult individual who has resided at 61 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania since July of 2004. 2. Defendant is Glenn Butler, an adult individual who has resided at 61 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania since August of 2004. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 29, 2002, in Virginia Beach, Virginia Beach County, Virginia. 5. Plaintiff and Defendant separated on September 1, 2008. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 3 8. Plaintiff has been advised that counseling is available and Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I -- DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff requests the court to enter a decree in divorce. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: That a decree in divorce be entered dissolving the marriage between the two parties. COUNT II - EQUITABLE DISTRIBUTION 12. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 13. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 14. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing this Complaint. 15. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. 4 WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: The Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID #72897 lizabeth J. Saylor, Esquire ?41 D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: /2 31-4 5 VERIFICATION I, Catherine L. Butler, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Aloy,,n&z, l2I;6w / ezz& Cat Brine L. Butler 6 QL ; !Pl co W w'C1 ? e. r LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjdaw.com CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 09 b -1S b CIVIL TERM GLENN BUTLER, NO. Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 6 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjdaw.com CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GLENN BUTLER, : NO. 04 - Try Y CIVIL TERM Defendant : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME 1. Catherine L. Butler is the Plaintiff in a divorce action filed contemporaneously with this Petition. 2. Glenn Butler is the Defendant in the divorce action filed contemporaneously with this Petition. 3. Plaintiff and Defendant were married on June 29, 2002. 4. In July of 2004, Plaintiff purchased the home located at 61 Keefer Way, Mechanicsburg, Pennsylvania with funds solely accumulated from her income. 5. Defendant's name is neither on the Deed to the subject property nor is it on the Mortgage or the Note on the subject property. 6. Plaintiff began living in the subject property on July 2004 and Defendant moved into the residence in August of 2004. 7. Both Plaintiff and Defendant individually earn a salary in excess of $80,000.00 per year. 7 8. Plaintiff and Defendant keep the majority of their respective funds in separate accounts. 9. Plaintiff believes and thus avers that Defendant has in excess of forty- thousand dollars sitting idle in a checking account. 10. Plaintiff from the time of purchase has been solely responsible for all of the expenses concerning the marital residence, including but not limited to the down money, mortgage, taxes, and insurance. 11. Despite repeated request from Plaintiff, Defendant has continuously refused to contribute to the aforementioned expenses of the marital residence. 12. Plaintiff and Defendant are the biological parents of their minor son Paul Butler, born February 21, 2006. 13. The parties' child has resided at the marital residence since birth. 14. Plaintiff primarily is responsible for said child's emotional, physical, and mental well-being and the expenses related thereto. 15. Plaintiff has stated her desire to be divorced and to have exclusive possession of the marital residence. 16. Defendant has stated his desire to remain married and continue to reside at the marital residence. 17. Defendant continues to refuse to contribute in any way to the aforementioned expenses related to the marital residence. 18. The parties stated differences have resulted in a living environment that is not in the best interest of the parties, and, most importantly, their child. 8 19. Plaintiff believes that said differences are progressing to a point of intolerability and that the Defendant is the better party to vacate the martial residence. 20. Plaintiff believes she should be granted exclusive possession of the marital residence as: a. Plaintiff is the primary caretaker of the child; b. Plaintiff's sole possession of the marital residence will promote the emotional and mental health and welfare of herself and her child; c. Plaintiff is the sole owner of the residence; d. Plaintiff is solely responsible for the mortgage, insurance and taxes for the residence; e. Plaintiff is the party most likely to preserve the marital asset as she does not trust that Defendant will bare the financial responsibility of the home if she vacates with their child because of Defendant's persistent history of refusing to contribute to the expenses of the marital residence and because his name does not appear on the deed or mortgage related to the home; and f. Defendant has ample financial resources to obtain alternative living quarters. 21. Pennsylvania's Divorce Code at 23 Pa. C.S. §3502 (c) specifically provides: "The Court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." See also Laczkowski v. Laczkowski, 496 A.2d 56 (Pa. Super. Ct. 1985); Otteni v. Otteni, 45 Pa. D. & C.3d 40 (1987); McGinnis v. McGinnis, 7 Pa. D. & C.0 58 (1990); Merola v. 9 Merola, 19 Pa. D. & CAth 538 (1993); Chappell v. Chappell, 81 pa. D. & C.4"' 235 (2007). WHEREFORE, Plaintiff Catherine L. Butler requests this Honorable Court to enter an Order, awarding to the Plaintiff, the right to solely occupy the marital residence until such time as the Court makes equitable distribution of the marital property of the parties. Respectfully submitted, The Law Office of Peter J. Russo, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Tdndle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 Date: /j-31-06 FX: (717) 591-1756 10 VERIFICATION I, Catherine L. Butler, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ,02 No vc.n Lv, ado i Catherine L. Butler 11 h.,2 C 7' r-? t ?° 1 i W Jf'?t 3 CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 " 7S V CIVIL TERM IN DIVORCE ORDER AND NOW, this s day of v w , 200 ? a hearing is scheduled for ? ??0 , 200 at 0144 P.M. in Courtroom Number of the Cumberland County Courthouse, on Plaintiff's Petition for -3- Exclusive Possession of Marital Home. THE COURT: Distribution List: -,- Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff c,- Glenn Butler 61 Keefer Way Mechanicsburg, PA 17055 Pro se Defendant t ip-S rnat LL 114,10q ?::j7q J. C ,._ 65 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN BUTLER, NO. 08-7548 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Divorce Complaint and the Petition for Exclusive Possession of Marital Home upon the person(s) and in the manner indicated below: US Regular Mail; and Certified Mail, Restricted Delivery, Return Receipt Requested, and addressed as follows: Glenn Butler 61 Keefer Way Mechanicsburg, PA 17055 Pro se Defendant *&,4 IIL6?& Amber L. Southard, Paralegal Date: 12'31 JI ¦ Complete Items 1, 2, and 3. Also complete Mom 4 if Restricted Delivery Is desired. r Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: G I enn B-i+ler w KeeFer Wa ?R 7055 MecM0nCSo9 t re A. X ? Agent ? Addre B. =by (Prfry Nernp) C. Date of Del D. Is delivery address different from item 1? ? Yes if YES, enter delivery address below: 1S No 3. Service Type WCertffled Mail ? F_WM Mall ? Registered 3KRetam Receipt for Merchandise ? Insured Mali ? C.O.D. 4. Restricted Delivery? (Extra Fee) )eyes 2. Article Number (r?mnsfer ftm service label) 7A A 7.. O Z1.O _ ZQ 0 O- - 6 8 31 7159 PS Form 3811, February 2004 Doi, Return Receipt 1025864024&19M c? Z?A C"; LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com CATHERINE L. BUTLER, , Plaintiff , V. , GLENN BUTLER, , Defendant , Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7548 IN DIVORCE CIVIL TERM MOTION FOR CONTINUANCE AND NOW, COMES, Plaintiff, Catherine L. Butler, by and through her counsel, the Law Offices of Peter J. Russo, P.C., and avers the following in support of Plaintiffs request for a continuance: 1. On or about December 31, 2008, Plaintiff filed a Petition for Exclusive Possession of Marital Home ("Petition"), simultaneously with a Divorce Complaint. 2. On or about January 5, 2009, the Honorable Judge Guido issued an Order of Court scheduling a hearing on the matter for January 30, 2009. A true and correct copy of the Order is attached hereto and incorporated herein as Exhibit A. 3. The parties have come to an agreement to meet with an outside professional in an attempt to resolve the issues set forth in the Petition. 4. As a result of this agreement Plaintiff is requesting that the hearing be generally continued. 5. Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that the Honorable Judge Edward E. Guido is the only Judge to rule on this matter, as indicated in paragraph 2 above. 6. Pursuant to Cumberland County Local Rule 208.3(a)(9), after consulting with opposing counsel, he concurs with our request. WHEREFORE, the Plaintiff respectfully requests that the hearing scheduled for January 5, 2009, at 2:00 P.M. in Courtroom Number 3 on Plaintiff's Petition for Exclusive Possession of Marital Home is hereby generally continued until further notice by the Court. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter Russo, squire Supreme Court ID #72897 Elizabeth Saylor, Esquire Supreme Court ID #200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: j ?? "may (717) 591-1755 2 EXHIBIT A AIN 5 't14 Pvt... CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ' U 5 CIVIL TERM IN DIVORCE ORDER AND NOW, this day of , 200 9 a hearing is scheduled for 200_1 at 01 60 OP M. in Courtroom Number 3 of the Cumberland County Courthouse, on Plaintiff's Petition for Exclusive Possession of Marital Home. BY THE COURT: Distribution List: Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff Glenn Butler 61 Keefer Way Mechanicsburg, PA 17055 Pro se Defendant J. 3 .? ? w . ?.:tj i ?" %? ?;??,"v? ? .3 ? Y c ems. "?? "?!' ??'??.? r P LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN BUTLER, NO. 08-7548 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing document upon the person and in the manner indicated below: First Class Mail addressed as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendant 1%- ?' p- - p- !: , -0, ff Ashley R. ipe, Parale al Date: Io? J L/Nf 3 :? ?? ,._ .A _-a .?'" c.?- ' ?r?. s- ?? ;?,? l 4 .`i ?? w+?"? 1 ?i+^ i I+" F`*? ? gM.; ' #. v+?.. CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant J#AN 2 7 2009 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7548 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this day of , 2009, upon consideration of the attached Motion for Continuance, the hearing scheduled for January 5, 2009, at 2:00 P.M. in Courtroom Number 3 on Plaintiffs Petition for Exclusive Possession of Marital Home is hereby generally continued until further notice by the Court. HE COU T, Edward E. Guido J. Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendant ?4ES M`dC? 9/0? f "S :5 R 6 CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUM BERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 7548 CIVIL TERM GLENN BUTLER, IN DIVORCE DEFENDANT <. -v LT PRAECIPE To the Prothonotary: Defendant, Glenn Butler, demands a hearing on his claim for sposual support/alimony pendente lite. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 I - THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-146$ CATHERINE L. BUTLER, PLAINTIFF V. GLENN BUTLER, DEFENDANT FILE 2010 MAY 20 P 2? CUi? . ..? fTY PT. , , L.i , 1,' 1 ; Y! 11-MS 00py -4o DP-O IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7548 CIVIL TERM IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied that the parties separated on September 1, 2008. The date of separation is the date Plaintiff filed her Complaint on December 31, 2008. 6. Admitted. 7. Denied that the marriage is irretrievably broken. It is admitted that Plaintiff has made it difficult to maintain a loving and caring environment. 8. Admitted. f 3 5. Sn Pct 0-Hi (Lit 4/ya? R if 2y4 6 oZ G COUNT I - DIVORCE 9. The prior answers to paragraphs 1-8 are incorporated herein by reference. 10. Denied that the marriage is irretrievably broken. 11 Defendant does not request a divorce. Wherefore, Defendant requests that Plaintiff's complaint be dismissed. COUNT II - EQUITABLE DISTRIBUTION 12. The prior answers to paragraphs 1-11 are incorporated herein by reference. 13. Admitted. 14. Admitted. 15. Admitted. WHEREFORE, Defendant requests this Court to enter an Order equitably dividing or assigning the marital property between the parties. COUNTERCLAIM I Claim for Alimony, Alimony Pendente Lite, Spousal Support 16. The prior answers to paragraphs 1-15 are incorporated herein by reference. 17. Defendant is without sufficient income and/or assets to support himself or pay attorney fees and is unable to fully support himself through appropriate employment. 22. Defendant requires reasonable support to adequately -XW44-b. -'4c Thomas D. Gould Attorney for Defendant I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION maintain himself in accordance with the standard of living established during the marriage. WHEREFORE Defendant requests this Honorable court to enter an award of reasonable temporary or permanent support, alimony, APL and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter for attorney fees and other costs related to this action. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Ve'? emit-J." GLENN BUTLER CATHERINE L. BUTLER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7548 CIVIL TERM a GLENN BUTLER, -orr IN DIVORCE rr, f r? Defendant/Petitioner PACSES NO: 209111677' crn ORDER OF COURT C AND NOW, this 291th day of May, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on June 17, 2010 at 1:30 P.M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Thomas D. Gould, Esq. Elizabeth J. Saylor, Esq. Date of Order: May 24, 2010 BY THE COURT, Albert H. Masland., Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 CATHERINE L. BUTLER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7548 CIVIL TERM GLENN BUTLER, IN DIVORCE Defendant/Petitioner PACSES NO: 209111677 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 9th day of June, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on July 1, 2010 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of June 17, 2010. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents the Court may issRa c , warrant for your arrest. -V dA3 r?l r`7 C Z BY THE COURT, :Z: -r? rri -7 bC Zc Date of Order: June 9, 2010 _ Albert H. Masland, Ju e 0 Copies mailed to: Petitioner Respondent Thomas D. Gould, Esq. Elizabeth Saylor, Esq. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 v In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GLENN E. BUTLER, ) Docket Number 08-7548 CIVIL Defendant/Petitioner ) VS. ) PACSES Case Number 209111677 CATHERINE L. BUTLER, } Other State ID Number Plaintiff/Respondent ) ORDER OF COURT You, GLENN E. BUTLER, of 61 Keefer Way, Mechanicsburg, Penn c Vania 17055-9256 are ordered to appear at the DOMESTIC RELATIONS hearing Vic, c/g, r Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 17°i day of August, 2010 at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: ""- r?-7 --V BUTLER V. BUTLER PACSES Case Number 209111677 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: f - I -10 .y Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CATHERINE L. BUTLER, Plaintiff/Respondent VS. . GLENN BUTLER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-7548 CIVIL TERM IN DIVORCE PACSES CASE: 209111677 REQUEST FOR A HEARING DE NOVO 0 rv a - 41 te-- i=ii ?? r PQ ocO l q Ar .200 ' ? ? - ?pe? ?n .? ? ?.f Q?tua? ,fie G1?rnx?L end a.?utat ?.ri a a uC, ?-.y...?z? A.cu' y7? uvoz.,h ercE e?a ACf io ,Z?? O -7;e C.taC, v l ?u /emu o? 1,006 AFL. ? ,deG.C? ?i. a'owa?r°md,-C ?ataC &-Y- )0!?Ir"- (-.o?17 Xw,,*,?, jAf asp ,c .P 0 e,0061 rt ,? au/ ?nou ,?rnall?r, rr lea ?c?a.' /u4-1? Pwo(.c a .cL??l?t ..?' ?vl ?ru,? ,?oonn lend rf • ??CCc ;.. N? .Gl?Gtm(. ??Ra ,GKfi?JaQ?o? ? U e*?G?crv?y ,?'?ZL( 7?` t .AO j* /76te. aw ?e veendicbctlze?t.o ?o ,-?(c ,vd Lncenu ? ,??uac.(.{o{ usu. a °1o we a? .,?aceeedr? . ? h4?0Ee??y ?ula? /tlcxaret?er?cer a?{ ?io lJ40440( a? APL . ? rr v 1 CATHERINE L. BUTLER, .: IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7548 CIVIL TERM GLENN BUTLER, IN DIVORCE Defendant/Petitioner PACSES CASE: 209111677 ORDER OF COURT c f1.,?1 AND NOW, this 1 st day of July, 2010, based upon the Court's determination tifatt Petitioner's monthly net income/earning capacity is $ 4,842.95 and the Respondent's "lilt income/earning capacity is $ 8,850.38 , it is hereby ordered that the Respondent pay toke .; t Pennsylvania State Collection and Disbursement Unit Six Hundred Seventy-three and ($ 673.00.00) per month payable bi-weekly as follows: $ 673.00 per month for Alimony and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay The effective date of the order is May 21, 2010. _N C O -'n C. ? rT?- he hly net 00 @olla' ndeWe L? __C . Arrears set at $ 1,589.39 as of July 1, 2010. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Glenn Butler. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, o£ 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon the fact that the Petitioner has an obligation for child support under PACSES C#820111602 and PA R.C.P. 1910.16-4 (e). Payments on this case will be held until the Alimony Pendente Lite matter is heard by the Support Master pursuant to the Respondent's request for a hearing de novo before the Court. Collection on the retroactive arrears will be held in abeyance until further Order of Court. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Mailed copies on: July 1, 2010 DRO: R. J. Shadday to: Petitioner Respondent Thomas D. Gould, Esq. Respondent's Attorney BY THE COURT, ti Albert H. Masland, J. RDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pegnsylvania Co./City/Dist. Of CUMBERLAND Date of Order/Notice 07/01/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS 08-7548 CIVIL O Original Order/Notice OAmended Order/Notice 0Terminate Order/Notice OOne-Time Lump Sum/Notice RE: BUTLER, CATHERINE L. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 218-88-8085 Employee/Obligor's Social Security Number 3781102262 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support c7 4 $ 0.00 per month in past-due child support Arrears 12 weeks or greater? O s is no-" $ 0.00 per month in current medical support - $ 0.00 per month in past-due medical support vt +`. $ 673 . oo per month in current spousal support $ o. oo per month in past-due spousal support 4 c $ 0.00 per month for genetic test costs y .: _, y c $ 0.00 per month in other (specify) $ one-time lump sum payment " for a total of $ 673.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 154.88 per weekly pay period. $ 336.50 per semimonthly pay period (twice a month). $ 309.76 per biweekly pay period (every two weeks). $ 673.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. S 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS DRO: R.J. Shadday Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT DDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke you are required to pr vide a opy of this form to your m loyee. If yo r employee orks in a state that is dierent from the state that issuedthis order, a copy must be provideedpto your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: E3 EMPLOYEE'S/OBLIGOR'S NAME: BUTLER, CATHERINE L. EMPLOYEE'S CASE IDENTIFIER: 3781102262 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970.0154 Form EN-428 Rev.1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BUTLER, CATHERINE L. PACSES Case Number 209111677 Plaintiff Name GLENN E. BUTLER Docket Attachment Amount 08-7548 CIVIL$ 673.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN428 Rev.1 Worker ID $IATT LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor ,pjrlaw.com Attorneys for Plaintiff CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant ?U t J 1':li .i ?' P?1 A010 40&- 0. v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-7548 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF Petitioner, Catherine L. Butler, by and through her counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. On July 1, 2010, the Honorable Judge Masland ordered Plaintiff to pay Alimony Pendente Lite (APL) to Defendant. 2. A document entitled "Order/Notice to Withhold Income for Support" (hereinafter "Notice to Withhold") is attached to the July 1, 2010 order. 3. The Notice to Withhold includes confidential identifying information of Plaintiff. 4. Plaintiff herein respectfully requests that the confidential identifying information in the Notice to Withhold is redacted in the manner set forth on Exhibit A, which is attached hereto and incorporated herein. 5. Judge Masland has ruled as to the APL issues, Judge Guido has ruled as the Petition for Exclusive Possession, and Judge Oler has ruled as to a related custody matter between the parties. 6. Opposing counsel has not responded to the undersigned in regards to whether he concurs. WHEREFORE, Plaintiff respectfully requests that the Order/Notice to Withhold Income for Support attached to the Order dated July 1, 2010 is redacted in the manner setforth on Exhibit A, attached hereto and incorporated herein. Respectfully submitted, Date: A/Z LAW OFFICES F M ER J. RUSSO, P.C. Attorneys for De dant Peter J. Russo, Esquire A # 72897 _Jlizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 EXHIBIT A ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-7548 CIVIL State Commonwealth of Pe ylvania 0Original Order/Notice Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 07/01/10 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS RE: BUTLER, CATHERIN33 L. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL Employee/Obligor's Social Security Number Employee/Obligor's Case Identifier (See Addendmn for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMIDER AAM County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligoes income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support C-) c - $ o . oo per month in past-due child support Arrears 12 weeks or greater? O*S " 0 no $ 0.00 per month in current medical support ,?!? c $ 0.00 per month in past-due medical support 17Fn- $ 673.00 per month in current spousal support ". Q, $ o. oo per month in past-due spousal support $ 0 . oo per month for genetic test costs < : { $ o. oo per month in other (specify) > C-? $ one-time lump sum payment .. for a total of $ 673.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 154.88 per weekly pay period. $ 336.50 per semimonthly pay period (twice a month). $ 309.76 per biweekly pay period (every two weeks). $ 673.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. g 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS DRO: R.J. Shadday Form EN-428 Rev.1 Service Type M oMeNm:090-01S1 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS hat l t m estate Ikeyou?are regt4rem? to pm(1e aopy of this form to your?mptyo u Iemployee opevenif tmeboz is notrececk?ed. tmhat mssu rs o er, a copy must be provi ec r i 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelbbligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.' Reporting the Paydate/Date of Withholding: You must report the paydate(date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.0 Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeetobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligoes principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeetobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. ? THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BUTLER, CATHERINE L. EMPLOYEE'S CASE IDENTIFIER: DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee(obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee obligor from employment, refusing to employ, or taking disciplinary action against any employee%oblIgor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9." Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: • NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Sand Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your etnployee%obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HA OVER ST P,Q. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Rev.1 Service Type M °MSNo.;097"154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanVobligor. BUTLER, CATHERINE L. PACSES Case Number 209111677 PACSES Case Number Plaintiff Name Plaintiff Name GLENN E. BUTLER Docket Attachment Amount Docket Attachment Amount 08-7548 CIVIL$ 673.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount E 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-428 Rev.1 Worker ID $IATT CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN BUTLER, NO. 08-7548 CIVIL TERM . Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Petition for Special Relief upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendant Date: 19/10 Amber L. Southard, Paralegal CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7548 CIVIL TERM ORDER OF COURT AND NOW, this 20TH day of AUGUST, 2010, a Rule is issued upon the Defendant and the Domestic Relations Office to Show Cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. By.the ebutt; Edward E. Guido, J. Elizabeth J. Saylor, Esquire l'homas D. Gould, Esquire DRO - Ca y I?L?cL?,v?? :sld Corz t£S en?wiL. L Sly Lrq G < s TT ?:? ) ? - CJ•1 ) f7 ?c S 1 G ? 0 CATHERINE L. BUTLER, Plaintiff v. GLENN BUTLER, Defendant CIVIL ACT O - LAW NO. 08-7548 Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION • I N PACSES No. 209111677 MATTER 1. RESPONSE pm %JJ c c? AND NOW, comes Cumberland County Domestic Relations Section, by and through Derek R. Clepper, Esquire Special Counsel, and hereby responds to Plaintiff's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. A conclusion of law and a request for relief, no response is necessary. To the extent that a response is required, it is denied. 5. No information or knowledge to respond, and it is therefore denied. 6. No information or knowledge to respond, and it is therefore denied. II. NEW MATTER The Domestic Relation Section, by reference, hereby incorporates paragraphs 1-6 above: 7. Attachment of income, for support purposes, is governed by 23 Pa. C.S. §4348. 8. The Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 1910.21, (which derives authority from 23 Pa. C.S. §4348), provides the Court with guidance for the entry of Income Attachment Orders. 9. The Social Security Act, 42 U.S.C. 666(a)(13), mandates the disclosure of Social Security Numbers of individuals that receive the services of the Domestic Relations Section of the Court. 10. The Domestic Relations Code, 23 Pa. C.S. §§ 4304.1 and 4352 (a.2), requires the mandatory disclosure of Social Security Numbers of individuals that receive the services of the Domestic Relations Section of the Court. 11. Plaintiff has requested that her Social Security Number, her Payor Identification Number, and her Employer's Identification Number, be redacted from the Income Attachment Order. 12. Redaction of this information by the Domestic Relations Section, may violate the Social Security Act and the Domestic Relations Code. 13. The failure to comply with requirements of the Social Security Act, and the Domestic Relations Code, may cause the Domestic Relations Section to receive an unfavorable audit by The Pennsylvania Bureau of Child Support Enforcement, and/or the Federal Office of Child Support Enforcement. An unfavorable audit, could result in the loss of Federal Funding of the Domestic Relations Section. 14. The use of Social Security Numbers on Orders of Income Attachment, provides a mechanism to ensure that payments are credited to the correct accounts by the State Collection and Disbursement Unit (PASCDU). 15. The use of Employee's Case Identification Numbers (i.e. Payor ID) ensures that payments are correctly credited to the correct account. WHEREFORE, the Domestic Relations Section, respectfully requests that this Honorable Court DENY Plaintiff's request to redact her Social Security Number, Payor Id Number, and an Employer ID from the Order of Income Attachment. Date: August 31, 2010 Respectfully Submitted, Derek R. Clepper, Esquire Special Counsel, DRS Supreme Court ID 90810 13 North Hanover Street Carlisle, PA 17013 717-240-6545 CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. CIVIL ACTION- LAW NO. 08-7548 GLENN BUTLER, Defendant/ PACSES No. 209111677 CERTIFICATE OF SERVICE I, Derek R. Clepper, Esquire, Special Counsel to Cumberland County Domestic Relations Office, do hereby certify that I this day served a copy of the Response to the Plaintiff s Petition for Special Relief and New Matter, upon the following by depositing the same in the United States Mail, first class postage prepaid at Carlisle, Pennsylvania addressed as follows: Law Offices of Peter J. Russo, Esq. Elizabeth J. Saylor, Esq. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorneys for Plaintiff Thomas D. Gould, Esq. 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendant Dated: August 31, 2010 Respectfully Submitted, Derek R. epper, Esquire Special Counsel DRS 13 North Hanover Street Carlisle, PA 17013 (717)-240-6545 Supreme Court I.D. # 90810 aUq 1111,p77 CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7548 CIVIL TERM ORDER OF COURT AND NOW, this 20TH day of AUGUST, 2010, a Rule is issued upon the Defendant and the Domestic Relations Office to Show Cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. B Edward E. Guido, J. Elizabeth J. Saylor, Esquire Thomas D. Gould, Esquire ,,-?RO sld LAW OFFICES OF PETER L RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email; lMlo irlaw.com Attorneys for Plaintiff AOtD q ? b' 6t9 CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GLENN BUTLER, : NO. 08-7%8 CIVIL 'T'ERM Defendant : IN DIVORCE PETITION FOR SPECIAL RELIEF Petitioner, Catherine L. Butler, by and through her counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. On July 1, 2010, the Honorable Judge Masland ordered Plaintiff to pay Alimony Pendente Lite (APL) to Defendant. 2. A document entitled "Order/Notice to Withhold Income for Support" (hereinafter "Notice to Withhold") is attached to the July 1, 2010 order. 3. The Notice to Withhold includes confidential identifying information of Plaintiff. 4. Plaintiff heroin respectfully requests that the confidential identifying information in the Notice to Withhold is redacted in the manner set forth on Exhibit A, which is attached hereto and incorporated herein. 5. Judge Masland has ruled as to the APL issues, Judge Guido has ruled as the Petition for Exclusive Possession, and Judge Oler has ruled as to a related custody matter between the parties. 6. Opposing counsel has not responded to the undersigned in regards to whether he concurs. WHEREFORE, Plaintiff respectfully requests that the Order/Notice to Withhold Income for Support attached to the Order dated July 1, 2010 is redacted in the manner setforth on Exhibit A, attached hereto and incorporated herein. Respectfully submitted, Date: d ' LAW OFFICES 16FPhR J. RUSSO, P.C. Attorneys for DdWont Peter J. Russo, Esquire /ib # 72897 izabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 ORDEWNOTWE TO WITHHOLD INCOME FOR SUPPORT 08-7548 CML stale 004w0rdnlt wo COJGW/DISL of commum ()Ames bW Odsd ands Dal! of OrdeWNoliDe 07 01 10 QTiT rmk * 0fts*40" s Case Nurnber an m pre smumary) kxkwTkm lwep Sum"C" QE: UTIiR, Ci•'P? ZO L. E s EIN Number Emp4raWDbPPe9 Hmm fkaa, Fkrq W* DsPT OF DgJ?li CIVZLiASIB ! 0 agwreNS W4W%SKMSOCW*vNwnoer Seat aleatroniaally I onC.nkkdgw DO NOT MAIL ? ? f# Set Ad ndm - ism, ft N A!#r aN ? i JNN / 11 !?? M ORDER INFORMATION: This is an OndeNNoliot b Widdrold Inopme for Support based upon an order for wpPort County, Commonmves1111% of ?*we ? ? ? amounts from abowe.named ffnpkqes/oI neome until fi,rW notice em If the OMedNo8ce is not issued by your State. $ o . oo per ngMh in cunem chid support $ d i o. oo per i mmi n PmWue ddM support Anvers 12 weeks or grealert 0 no oo per nrorrlh in current m s 0 di l t . e ca suppor ?.? s 0.00 per nraNh In past due medical support . $ s3_oo per month in current spousal support ?? ' u : 0. oo per m all in past4m spousal support $ per rniond for 8enedc led cam = 0. o0 per month In otim (specUf) N s onetime lump sum payrnerrt r for a 10W tf $ 473.00 pw morAh to be in atisd to payee blow. You do not home to vary your pay cycle to be in compliance with the support ow", If your pay cycle does not meleh the ordered support payment cycle, use the following to ddamine how much to vr0d old: $ lea . ea Per weekly Pay Pedod• t 336.50 Per PaY Plod *Wks a RK"n 1). $ 309.76 per biweekly Pay period (every iw0 we". S 573.00 per mm* Pay Period. REMITTANCE INFORMATION: You must begin withholding no later ilran due first pay pwlod occurring tan (10) working days aftw the dale of this CWu Notice. Sad payment wkhin seven (7) wo*ft days of the pft*mihft of withholding. You are entitled to deduct a fee to defray the coat of wWMwWh* War to the lam govamirrg the work state of your wnpk yee for the allowable aurrount The total widrlred amount, and your floor, carrrrot errceed 55%0( lW onployee'st obNWs aggregate disposable weekly eaminils. For the purpose of the IbMation on withholding, the following information is needed (See "on page 2). Pe owik nie klw (23 PA CS. 1437400 ra*hu nntIII r m by as B sa olllpleyrtr is orA= to wiWldd kicaase tsar mere clew sae t ore sad eaipeya 15er sari! pwmmq, tar if am er gdsgw has a Mdwy of two w hone ratwrad cller ma due b notmiNdeat fans. Fklaee W rte pintaepselile ftft Calieetkm and Disbrow and Unit (PA SCDU) Emplolm Cwkmw Serdce at 1J7747rE W for Imtrudisru. PA FM CODE 42 000 00 Make ftn*Ume Payable to: PA SCDU Send ckvk to: Pel"my aria SCDU, P.O. Box 69112, Hwdsbur& Pa 1710&9112 IN ADDIWOI4 PAV*ffNT8 MUST INCtLGE TIM DO A UNT'a MAAEAAW TW ANC= 61111D ID t kmo oboes at 14 6rylte IN - 1 Gore kkussNierh ON SOC&4L SKLO Y NUI IN OMW TO W 0`1110011111M DO NOT SEND CASH BY AWL BY THE COURT: KEVIN A HESS MO: R. J. St a&ky Form EN-428 Rev.1 Service Type ll oww..,e""114 WodW 10 $1ATr ADDITIONAL INFORMATION TO EMPLOYERS AND OTM WITHHOLDEh>eh+ 13??°11?s" 's ` "Ae o?op?n?i?etle: '? la°?"ovr:d---Vl184.I?°"?' 1. tMerNyh VtAOhholdkrg urhder tlhk OrdeMNolbe has priorlly over any oOher (.cal proahss under Stets lave aplnst the nsrre khconhe. Federal tax levles lo aUect baiore receipt d dhk order have prtorny. K there are federal tax 10viae M adadt p10se0 oort0et the neghlsatlnlg agency listed below. 2. CaiLi f llww ft You an combine wMin ancoura franc more then one encployerbWl or's Mum in s sWg r.,_,t b each ahgsncy .- -- d - Wwvddk* You must however, aperatdy idarNNy the palkn of the sMhgla prymmt det is awbhtsblo b each a iplopaftrahffilipm• 3.0-7-- N Fwrdt6MDa6e a Wlwinlirs You nhust spathe of wMdroidkh? when sardkt? the payrranL The paydetne of w i l aidl - k Oa date on which amount was wMihdd from the wgdo me's wages, You must com* wMi the hew of the sale of dw emplowe's+1-- '5r0 FIF d 010000fam0oyntan4wish respaa lothe tlme 1erlods within whkh thou must knplement fie widd+oiding order and forward Ne support p0ynwft 4.0 btylr1 e0MIg r with Mdd* Stir.. H"V If dare Is more then one OrdedNodce lo WMdhoW h w to for Support sobw this err 'pbireelbblisor and you an unsbh b Kpport OdsdNc ass due to Fsdawl or Stets wMdrolA limlis, you mustiollow the law aide slate ofemployee'slbbggor's prUKipal place d employment. You wA honor all Ohdeaft4o es b the lipsai t as0 pomW (see *9 below) 5. Tam etien NelMeatleae You must promptly nolpy the ns*od ng Agency when tr enhpbyaeI Ill-, -no "a !a -("YOU. Please pi o dd- the hdommillon vaque ad and wprm a copy of" ow"Nsocele the Agency idenldg0d MR 0 THE POIlON HAS NEVER WOKKED FOR T"G EAaROYHI s O THE NO LONGER MOM the 0 LMftDVV1%MLICOn NAMlh sy1'L 1M, Q1?ItiNi L. GMLOY@': CAFE MallPIN DATE OF SIVARATIOhk LNr KNOWN HOAE ADDEN& LAST XNOWN PHONE NLMIM FINAL PAYMENT A1I40UNT: NEWBOL011E"u?uellM -- - 6. LW* fan i iaYw Mm You may be tequkW to mW and w*MM from kww sum povi ohls such w bonuas, aomhhieWm or severance pay. If You hove any quallons about lump sum paymenk, contact the person or authority below. 7. LW r if you fag to wield khoorra as the OdedNota A - ave. you are Gable for bosh the sco m Ailed amount you should have withheld from ft sw4*Veaitlfdivx% k?oonha and elm penalties set by Pennwivanle State law. PermsyNanla Stets law tiowha a ku the QIAW is employed In another Stases M which me the low of the State in which he or she is employed Awns. 8. AFAWNIC (mkealeer You are sutW b o Ane rMs inad under State law brdbdharpinp an employestbIlg Awn employment, N*J* g b employ, a tarring dieclplin0ny aeon Wiest any empiuyeMbbNpor because of a support wlOdwMW* ftnnsylvant0 Slate law governs unless Oa obligor is employed in another Stale, In vAkh case the law of the Sam in which he or she Is employed gowns. 9.' W18AOWA# LkhMu You may not withhold moteliven the lesser eE U the amounts aftwed by the federal Conwmar c m P' M m a r "on Act (CCPA) (IS U.S.C.1673111 7 or 2) the amours allowed by da Slate or Tribe d the employeaVablWs pdncipel place d enployeheM. Oitposdnle inn CH Pis the net krcorne 14 shlar and ft mandalory deductions such at SM Federal, loan Wes„ Staid Socu* taxes, SIN&MY pension cortrbutioos and Medicare am. The Federal limit Is WS of•he dbpouble irreona if dw obligor k Kppohlhp anadher firstly and 60% d lire disposableIrhconle if Oa obligor k not supper t anc8ar f=*.Howeva; #W S0% &M k , C 01le l b SS% and Oral 60% 11011111k 10rcteesed b 65'16 lfthea vers ate grevier than 12 weelm lip I- had by the slats you nay deduct a ice for admklbuadve costs. The supW amount end the fee may not sucu d the "it khdk3ad in"section. Arum V00W 8m 12 weft s K the ode kA"Wk n does not a diaaa whether the areas are greeter Oars 12 weeks. then the employer should akulaaa the CCPA Ikek usft the lower peroerhtage. For Tribd odes, You may not wwtold more than der anohets allowed under the raw d the is k" Tribe. For Tribsi enpioyes who rerotrs a SiMe order, you nay not wMdloid mote than On law of the Ilmk set by the low Of the f hnirdidtim in which the employer Is bested or the maxkrwm amount p s i inM under section 303(d) of dw CCPA (15 U.S.C.1673 (log. Depading upon appkeble Stall law, you may need to We Into consideration the amounts paid for heekh core premiums in doWn* 10lg disposable income and applying appropriate withholding limns. 10. AddMlorrd kfor s! oopy of d* order in the suite tat rated the order, you saw follow to kw of the stall ON ONOM N ? yourw agaK M elm l 11. Ord Tuasdnedeaa Nellae and elves' ooisuaMhOntlaeee host If you or Yore NOD) ee/obliD+r have MW DOMESTK RELATIONS SECTION oorratx WAQ ATTAQIWNT uHqmakwk fr t 3 tJ_ HAN eft ST by ealaphone at (717) 404225 or P_O. BOX 320 _ by FAX at (717) 24?G240 or 3 by bhaarlet waver claltdwooort.stMU.o0.t1s_ Pace 2 of 2 Form EN-426 Rev.t Service Type M CNAN..,areoler Worker lD $INM Dlflrldllltl?Oblf?OR BUTLER, CATBBRIB'R L. 20*111677 00-7840 CIVIL$ 673. 0 cmwf o,s Name(sk DOB > aka c yE xy„a xe > 'i^.i"Y s 0.00 ChIMMYs Name(sk DOB :3k, ,qty ?,"emu>; a . r??t?? '' R%'Fw?tR:':','y3iSi??y^RS42?F?'&??Y..y:i8?S37p!;?y y "2?Sy?oyOt?p'e:?+?R%x??e?Y.''. r?'axP?T'Y'y`.?-?,E???, '''7AFFa:LgK'af )•:XCbXp }:???`i'??fllP.?????d4:?ic?T2:?)fS?;r?:..t..... ?d?:A'e1>`R?.$?fi?:YS9?R£ pow go m i allmilmoll s?lleoi?c 0ro00l? ChNdln?'s Name(s): 008 . ... .. , _.k? :>Xr 3'E?i. ?.,: k ? •.Z:? x.?,fc*?: 5t ?fa Service Type N Addendum 060 "w ely"5M MddlLWM ? dli?itl?Ot,Ol?iliJ<t s 0.00 Chlldlwra's Nwn@M DOB :v.. .,4435 n raga m Nuss6er Chiw(fM)'s Namds . DOB 8`??','•2,@@-?..?5''?4.`.'s;f .`ai it'?3S'?i!<??s.'?a?.'.t>:..s$:?4'4?'?`+?:s??¢??::'Yi.i mr--mEitR'>m WINK Form EN-426 Rev.t Worlim ID $IA" AUG 2010 ?3 CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN BUTLER, NO. 08-7548 CIVIL TERM Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF 2010 upon Plaintiff's Petition for Special AND NOVA', this ? midday of rf.P L#rJ Relief, i ' incoayx . w t l-a? or pecia e 1e . ' F THE By: J. Distribution List: `Eiz?abeth J. Saylor, Esquire Thomas D. Gould, Esquire 9P/ r T1 CJ"? C,J I ` %, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GLENN BUTLER, : NO. 2008-7548 CIVIL TERM Defendant : IN DIVORCE c --, STIPULATED PROPERTY SETTLEMENT AGREEMENT ?= 4 THis AGREEMENT is hereby made and entered into this day CATHERINE L. BUTLER, Plaintiff v. . of AA4"x >r 2010, by and between CATHERINE L. BUTLER (hereinafter "Wife") and GLENN BUTLER (hereinafter "Husband"). Witnesseth: Whereas, the parties hereto are Husband and Wife, having been married on June 29, 2002; Whereas, marital differences and difficulties have arisen between the parties; Whereas, the parties separated on September 1, 2008 (hereinafter "Separation Date") and intend to continue to live apart and desire to forever completely settle separation of their marital and non-marital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; Page 1 of 23 CLB GEB Ut q^ ) I Whereas, Catherine L. Butler is represented by Elizabeth J. Saylor, Esquire of the Law Offices of Peter J. Russo, P.C.; Whereas, Glenn Butler is represented by Thomas D. Gould, Esquire; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; Whereas, both parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Page 2 of 23 CLB GEB r-l? ? Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, including all loan payments, insurance and repair bills connected with the Ford Freestyle, and Husband agrees to take whatever steps are necessary to place title of said vehicle in Wife's sole name. With respect to this vehicle, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this paragraph. b. Husband shall assume all payments, including all loan payments, insurance and repair bills connected with the Ford Explorer, and Wife agrees to take whatever steps are necessary to place title of said vehicle in Husband's sole name. With respect to this vehicle, Wife agrees that Husband shall retain possession of and retain as his sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless Page 3 of 23 CLB GEB ??- from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this paragraph. 4. ASSUMPTION OF MARITAL DEBT Each party shall be responsible for the balance of any credit card and/or other debt held in their own personal name. The parties hereto covenant that they are unaware of any outstanding marital debts not specifically set forth in this paragraph. It is specifically agreed by the parties that any payment or obligation due under this Agreement shall not be dischargeable in bankruptcy. 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in Paragraph 4, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the Separation Date. Wife represents and warrants to Husband that, since the Separation Date, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and hold Husband harmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the Separation Date. Page 4 of 23 CLB '.! G E B )PPE ll? Husband represents and warrants to Wife that, since the filing of Separation Date, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and Hold Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 6. MARITAL RESIDENCE AND CONTENTS AND OTHER REAL ESTATE IKITPRFCTC A. MARITAL RESIDENCE During the course of this marriage, the parties resided at the marital residence located at 61 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The Marital Residence was addressed in the Partial Property Settlement Agreement dated June 30, 2009, which is attached hereto and incorporated herein as Exhibit A. Husband and Wife are fully satisfied with the distribution of equity in the Marital Residence as specifically described in Paragraph 1(f) in Exhibit A and thus hereby waive any further claim, right or interest to any further division of funds in regards to the Marital Residence. With respect to the Martial Residence Husband is the sole and exclusive owner of the Martial Residence and Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Page 5 of 23 CLB GEB )IE b. Residence. Husband shall assume all payments, including, but not limited to, all mortgages, taxes, and utility payments connected to the Marital Residence and to take whatever steps are necessary to immediately remove Wife's name from any said liabilities. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with this paragraph. B. CONTENTS The parties shall transfer and assign their rights, title, claim and interest in specific property as follows: i.) Halloween Photograph. Within seven (7) days of the Effective Date as defined below Husband shall provide Wife with the 8 x 11 framed photograph of Paul dressed as a fireman that was located in the basement of the Marital Residence prior to Wife's relocation therefrom. Within seven (7) days of Wife's receipt of said photograph, Wife shall, at Wife's sole expense, provide Husband with a copy of said photograph. ii.) Camping Gear. Within seven (7) days of the Effective Date as defined below Husband shall provide Wife with an equal share of the camping gear. iii.) Unassigned property. a. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances, not otherwise assigned in this Page 6 of 23 CLB ' //11 GEB J-f- a Agreement, in which she has in her possession on the Effective Date as defined below. b. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances, not otherwise assigned in this Agreement, in which he has in his possession on the Effective Date as defined below. C. OTHER REAL ESTATE INTERESTS i.) Wife's Residence. The parties herein agree that Wife is the sole and exclusive owner of her residence located at 308 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, (he rei nafte r 'Wife's Residence"), which she purchased after the Separation Date, and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in said property and Husband shall execute a Quit Claim Deed immediately upon request, which shall thereafter be recorded at the sole expense of Wife. Wife shall indemnify and hold Husband and his property harmless from any and all past, present or future liability, cost or expense, including any back taxes and/or actual attorney's fees, incurred in connection with said Property. ii.) VA Property. During the course of the marriage, Wife owned real estate located at 5880 Shetland Court, Virginia Beach, Virginia (hereinafter "VA Property'), which Page 7 of 23 CLB GEB? is held in Wife's name alone. Wife shall become the sole and exclusive owner of the VA Property and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the VA Property, and Husband shall execute a Quit Claim Deed immediately upon request, which shall thereafter be recorded at the sole expense of Wife. Wife shall indemnify and hold Husband and his property harmless from any and all past, present or future liability, cost or expense, including any back taxes and/or actual attorney's fees, incurred in connection with said VA Property. iii.) Timeshare. During the course of the marriage Husband owned a timeshare in Williamsburg, VA at the Powhatan Plantation (hereinafter "Timeshare"), which said membership is paid for in full and held in Husband's name alone. Husband shall become the sole and exclusive owner of the Timeshare and Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Timeshare, except that the parties herein acknowledge that Husband and Wife equally shared in the two year membership dues to Resort Condominium International (hereinafter "RCI") and Husband shall provide Wife all access information to said account within seven (7) days of the Effective Date as defined below, and Wife shall continue to have access to said account until February 1, 2012. Husband shall indemnify and hold Wife and her property harmless from any and all past, present or future liability, cost or expense, including any back taxes and/or actual attorney's fees, Page 8 of 23 CLB GEB & k incurred in connection with said Timeshare. 7. MISCELLANEOUS PROPERTY - PERSONAL AND MARITAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property on the Effective Date as defined below. 8. RETIREMENT ACCOUNTS The parties shall keep all IRA's, pensions, 401 k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 9. JOINT ACCOUNTS All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account, to which the other party hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest thereto and shall be indemnified and his/her property held harmless from any and all past, present or future liability, cost or expense, including actual attorney's fees, related to and/or incurred by the Page 9 of 23 CLB GEB 1U k_ account holder in connection with said account. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 11. POST SEPARATION PROPERTY Wife forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after the Separation Date. Husband in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Wife after the Separation Date. 12. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party Page 10 of 23 CLB / GEB Mck- has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. a. Not later than ninety-seven (97) days following service of the Divorce Complaint or within seven (7) days of the Effective Date as defined below, whichever is later, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final degree in divorce. Further both parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. b. Wife shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. c. The right to request counseling is hereby waived by the parties. 13. ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other Page 11 of 23 CLB GEBk-_0- for alimony, alimony pendente lite, support or maintenance. It shall be from the Effective Date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other parry. 14. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 15. INCOME TAX RETURNS Husband and Wife agree to file individual tax returns in 2011 for the 2010 year and for each year thereafter unless mutually agreed otherwise by the parties. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each parry may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right Page 12 of 23 CLB '! GEB 41-? k to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 17. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable Page 13 of 23 CLB /!` GEB LEO- legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either parry in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other parry will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each parry acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Within no more than fifteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any Page 14 of 23 CLB GEB ?2 L deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. Page 15 of 23 CLB I1 G EB 1 t- 22. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 23. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an Page 16 of 23 CLB GEB ZEE ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings, undertakings or agreements other than those expressly set forth herein. 25. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Page 17 of 23 CLB 'j/ GEBDIL Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 28. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 29. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Page 18 of 23 CLB GEB &tt 30. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 31. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party signs this document. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 19 of 23 CLB G EB? IN TESTIMONY WHEREOF, witness the signature of the parties hereto this 3 `r day of iQ h5Krr -'2010. ,I flcL?? r- Witness for Catherine L. Butler Catherine L. Butler -72Z? ??). >d? Witness for Glenn Butler Glenn Butler Page 20 of 23 CLB G EB??(?.. COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this, the day of (- , t - , 2010, before me, a Notary Public, personally appeared Cat rine L. Butler and in due form of law acknowledged the foregoing Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this X day of , 2010. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ashley R. Malcolm, Notary Public HampdenTWP•,Cu nCounty My Commission res Oct. 12, Of 011 Member. Pennswenla odatlon Noteriv Page 21 of 23 CLB G E B COMMONWEALTH OF PENNSYLVANIA ;SS. COUNTY OF LIM6-10Y)d On this, the?J day of S f , 2010, before me, a Notary Public, personally appeared Gle Butler and in due form of law acknowledged the foregoing Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscrri,)ed before me this 3 day of A-?A Q u 5 ?- , 2010. l W. J-") Notary Public COMMONWEALTH OF PENNSYLVANIA ?- Notarial Seal Leola M. Gould, Notary Public Lower Allen Twp., Cumberland County My Commission Expires April 29, 2012 Member, Pennsylvania Association of Notaries Page 22 of 23 CLB !r GEB-A-f t EXHIBIT A Page 23 of 23 CLB G EB-47?(KL . PARTIAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this day o 2009, by and between GLENN E. BUTLER, (hereinafter qretrred to as "Husband") and CATHERINE L. BUTLER, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were married on June 29, 2002; and WHEREAS, a Complaint in Divorce was filed by Wife on December 31, 2008 in the Court of Common Pleas for Cumberland County Pennsylvania, docketed at 2008-7548 CIVIL TERM; and WHEREAS, Husband and wife desire to settle and determine their rights and interest in the former marital home located at 61 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows: 1. MARITAL HOME Husband and Wife agree that the property situate at 61 Keefer Way, Mechani csburg, Cumberland County, Pennsylvania, and deeded solely in Wife's name (hereinafter "Marital Home") shall be transferred from Wife to Husband contingent on the following: a. Settlement shall be on or before June 30, 2009 b. Husband and Wife agree that the value of the home is $188,877.00 C. For the purpose of this Agreement only, the Equity in the Marital Home shall be defined as $188,877.00 minus the outstanding mortgage payoff on the marital home as of June 30, 2009 d. While Husband and Wife agree that the equity in the Marital Home is subject to Equitable Distribution, neither Husband nor Wife waives any right based on this Agreement, as to the actual amount of equity which is subject to Equitable Distribution in the aforementioned divorce matter e. Husband shall be responsible for any and all settlement costs, except for the Deed preparation, which shall be the sole responsibility of Wife and paid outside settlement and $152.00 in admin costs f. At the time of settlement, Wife shall endorse a $22,485.24 Cornerstone check to Husband as his share of the Equity in the Marital Home g. At the time of settlement forward, Wife shall relinquish all of her right and title to the Marital Home and Husband shall indemnify and hold Wife harmless for all expenses related to the Marital Home 2. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. seals IN WITNESS WHEREOF, Husband and Wife set their hands and Witness Date Glenn E. Butler ILIA,. Ile Witness Date Cat Aerine L. Butler Commonwealth of Pennsylvania: ss County of Cumberland PERSONALLY APPEARED BEFORE ME, this3O day of this 2009, a notary public, in and for the Commonwealth of Pen sylvania, Glenn E. Butler and Catherine L. Butler, known to me (or satisfactorily proven to be) the persons whose names are subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMQNivEALTH of PENNSYLVANIA Notarial Seal j Suzanne L. Cramer, Notary PubhC I Hampden Txp., Cumberland County Niy ComrT,ission Expires MaY 20, 2010 Vemt:ei. r'ennsyWa•+a lssociation of Notaries 1- LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire ^?11 10. 0 ? ` PA Supreme Court M: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 FE` N YLV NSA Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor cr,pjrlaw.com Counsel for Defendant GLENN E. BUTLER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. CATHERINE L. BUTLER, : Defendant Docket Number 08-7548 CIVIL PACSES Case Number 209111677 INTERIM SUPPORT AGREEMENT rT This Agreement is hereby made and entered into this l day of 2010, by and between CATHERINE L. BUTLER (hereinafter "Mother") and GLENN E. BUTLER (hereinafter "Father") Witnesseth: WHEREAS, Mother resides at 308 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055; WHEREAS, Father resides at 61 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055; WHEREAS, the parties are husband and wife having been married on June 29, 2002; WHEREAS, Mother and Father are the parents of one minor child, Paul Butler, born February 21, 2006 (hereinafter "Child"); WHEREAS, the parties are separated, and actions for divorce, custody and support have been commenced in the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, on or about April 16, 2010 Mother filed a complaint for child support in the office of Domestic Relations docketed as PACSES Case Number 209111677; WHEREAS, on or about May 10, 2010, an Order was entered thereon awarding Mother child support in the amount of $768.00 per month; WHEREAS, on or about May 21, 2010, Father filed a Praecipe for spousal support/alimony pendente lite docketed as captioned above; WHEREAS, on July 1, 2010, an Order was entered ordering Mother to pay Father, following an offset for Father's aforementioned child support obligation, Alimony Pendente Lite (APL) in the amount of $673.00 per month; WHEREAS, Mother timely requested a hearing de novo on said APL award; which was scheduled for August 17, 2010 before Support Master Michael R. Rundle; WHEREAS, the parties desire to enter into an agreement for support without the necessity of appearing before the Support Master on Tuesday, August 17, 2010; WHEREAS, the parties hereto desire to resolve both the aforementioned child support and APL claims; NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, and without prejudice to the rights or claims of either party support/APL shall be as follows: 1. APL. Mother and Father agree that Father and Mother shall forever waive any right to APL or spousal support against each other, and Father shall within fifteen (15) days following receipt of an Order of court as a result of this Agreement, withdraw his APL claim. 2. Child Support. Mother and Father agree that they shall equally split the costs of the Child's daycare, medical co-pays, unreimbursed medical expenses, and other miscellaneous expenses. All child support due hereunder shall be made in a manner mutually agreed between the parties outside of Domestic Relations. Mother shall within fifteen (15) days following receipt of an Order of court as a result of this Agreement, withdraw her child support claim. 3. Child's Insurance Coverage. Father shall continue to provide dental insurance coverage for the Child and Mother shall continue to provide health insurance coverage for the Child, for so long as said respective coverage is available through the parties' employment or other group coverage at a reasonable cost. 4. Escrow Reimbursement. Mother and Father agree that all payments made for child support by Father and for APL by Mother and held in escrow by Domestic Relations shall be returned to the payee. 5. Settlement of Funds. Mother shall reimburse Father for all child support payments paid to Mother through Domestic Relations minus half of the daycare costs paid during said months. 6. Agreement to Mediate. Mother and Father agree that prior to either party filing a complaint/modification with Domestic Relations in regards to child support, the following shall transpire: a. the party intending to file shall provide written notice of his/her intent to the other party: b. the parties will immediately contact the mediator to schedule two (2) mediation sessions, both of which shall be schedule and take place within three (3) weeks of the written notice required in 6(a) above; c. the parties agree that they will first attempt to contact Maryann Murphy, Esquire to mediate as set forth herein, and if so unable/unwilling, then Dawn Sunday, Esquire, and if so unable/unwilling, then Melissa Greevy, Esquire, and if so unable/unwilling, then a mutually agreed upon mediator; d. the parties agree and hereby mutually commit to at least two (2) mediation sessions prior to filing a complaint/ modification with Domestic Relations in regards to child support; and e. the parties agree to equally split the cost of said mediation. 7. Consent to Court Order. The parties stipulate and agree that the terms and conditions of this Interim Support Agreement shall be entered as an Order of Court, without the need to appear for a Hearing. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties hereto have signed, sealed and acknowledged this APL/Support Agreement. WITNESS %e e? Gf CATHERINE L. BUTLER Date: WITNESS Dk'y"? e- a'-? GLENN E. BUTLER Date: Q$-'31.201,(7 GLENN E. BUTLER, Plaintiff/Petitioner VS. CATHERINE L. BUTLER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-7548 CIVIL TERM IN DIVORCE PACSES CASE: 209111677 ORDER OF COURT {{tt'!!€r, Z? "7 1:1 --Fn i C N AND NOW to wit, this 8th day of September, 2010, it is hereby Ordered that, pursuant to the parties' interim support agreement of August 31, 2010, the Alimony Pendente Lite Order is terminated and the Respondent is to be refunded the sum of $1,604.86 that has been held through the Domestic Relations Section This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Thomas D. Gould, Esq.. Elizabeth J. Saylor, Esq. Form OE-001 Service Type: M Worker: 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-7548 CIVIL State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 09/08/10 @Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS RE: BUTLER, CATHERINE L. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 218-88-8085 Employee/Obligor's Social Security Number 3781102262 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? one-time lump sum payment for a total of $ o. oo per month to be forwarded to payee below. Qgs _0 nom G _V L U c-1 I -n :i! l - , M `- - Cs C- rn =i You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period $ 0.00 per biweekly pay period (every two weeks). $. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS (twice a month). 0.00 per monthly pay period. DRO: R. J . Shadday Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $ IATT Ik. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a opy of this form to your, m loyee. If yo r employee works in a state that is diferent from the state that issued this o er, a copy must be provi?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BUTLER, CATHERINE L. EMPLOYEE'S CASE IDENTIFIER: 3781102262 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-428 Rev.1 Worker ID $ IATT •? 4 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BUTLER, CATHERINE L. PACSES Case Number 209111677 PACSES Case Number Plaintiff Name Plaintiff Name GLENN E. BUTLER Docket Attachment Amount Docket Attachment Amount 08-7548 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-7548 CIVIL TERM IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF AND NOW, this 13 day of , 2010 upon Plaintiffs Petition for Special Relief, the response of DRO, and further communications and concurrence between petitioning and responding counsel, it is hereby ORDERED that the Prothonotary redact from public record the Order/Notice to Withhold Income for Support attached to the Order dated July 1, 2010 in the manner set forth on Exhibit A attached to and incorporated into Plaintiff's Petition for Special Relief. FO T By: - J. Distribution List: ?Elizabeth J. Saylor, Esquire, 5006 E. Trindle Road, Suite 100, Mechancisburg, PA 150,:: c s ? Thomas D. Gould, Esquire, 2 East Main Street, Shiremanstown, PA 17011"?`??'r rn ---D--`crek Clepper, Esq., 13 N. Hanover Street, Carlisle, PA 17013 / f C) LAW OFFICES OF PETERJ.RUSSOP.c. PETER 1. RUSSO, ESQUIRE ATTORNEYS AT LAW ASHLEY R. SIPE, PARALEGAL Wednesday, September 08, 2010 The Honorable Judge Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Butler v. Butler Docket No. 08-7548 PACSES Case No. 209111677 Dear Judge Guido, ELIZABETH J. SAYLOR, ESQUIRE AMBER 1.. SOUTHARD. PARALEGAL VIA US MAIL I am in receipt of your Order dated September 2, 2010, following my petition on behalf of the above referenced Plaintiff and Mr. Clepper's response on behalf of DRO. Please note that Mr. Clepper kindly contacted me on Friday, September 3, 2010, at which time it was discovered that there was a miscommunication in regards to disclosing versus publishing the confidential information. Specifically, my client is objecting to the confidential information being published by the prothonotary and accessible on line, but is in no way objectionable to the disclosure of the information to DRO. Mr. Clepper indicated he has no objection to my client's request to have this information redacted from the public record, and has further approved the wording of the attached order. Thank you for your time and attention. Very truly yours, Eliza J. Saylor, Esquire EJSlals cc: C. Butler (Via e-mail) Thomas D. Gould, Esq. (via fax - 761-1974) Derek Clepper, Esq. (via fax - 240-7777) 5006 EAST TRINDLE ROAD, SUITE 100. MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (7171 591-1756 ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT 08-7548 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist, of CUMBERLAND _ OAmended Order/Notice Date of Order/Notice 07/01/10 0Terminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS RE: BUTLER, CATHERINE L. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL Employee/Obligor's Social Security Number Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. 0o N per month in current child support $ 0.0o per month in past-due child support Arrears 12 weeks or greater? O?is e no $ o . oo per month in current medical support .7! .. <- $ 0.00 T per month in past-due medical support $ 673.00 t T rm per month in current spousal support $ o. oo Cr per month in past-due spousal support !C $ o . oo per month for genetic test costs $ o . oo per month in other (specify) a $ one-time lump sum payment ry ` x7 c? -Z _97 for a total of $ 673.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 154.88 per weekly pay period. $ 336.50 per semimonthly pay period 309.76 (twice a month). $ per biweekly pay period (every two weeks). $ 673.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of ,his Order/ Notice. Send payment within, seven (7) working days of the pavdate./date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. $ 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS DRD: R.J. Shaciday Form EN-428 Reb. I Service Type M OMB No.: 097" 154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to vide a opy of this form to your mployee. If yo r employee orks in a state that is dierent from the state that issuproed this order, a copy must be provideed to your emp?oyee even if tie box is not checked. 1. Priority: Withholding under this Omer/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. ? THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 111 EMPLOYEE'S/OBLIGOR'S NAME: BUTLER, CATHERINE L. EMPLOYEE'S CASE IDENTIFIER: DATE OF SEPARATION: _ LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPM 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55`!o and that 60% limit is increased to 6:">% if the a„ears are greater than. 12 week,;. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BUTLER, CATHERINE L. PACSES Case Number 209111677 PACSES Case Number Plaintiff Name Plaintiff Name GLENN E. BUTLER Docket Attachment Amount Docket Attachment Amount 08-7548 CIVIL$ 673.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Rev.1 Service Type M OMB No. 09760154 Worker ID $IATT LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff FILED-OFFICE CF THE' PROTHONOTARY 2010 SEP 23 PM 3: 32 "UMBERLAND COUNTY PENNSYLVANIA CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GLENN BUTLER, : NO. 08-7548 CIVIL TERM Defendant : IN DIVORCE AFFIDAVrr OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 31, 2008 and served on Defendant on or about January 7, 2009 via certified mail, proof of which was filed on January 12, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: '7, 201U 4", Z Catherine L. Butler FILED-OFFICE OF THE PROTHONOTARY LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant 2519 SEP 23 P11 3: 32 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-7548 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: Catherine L. Butler FILED-OFFICE OF T HE PPOTHON'OTARY LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff 2010 SEP 23 Pry 3: 32 CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GLENN BUTLER, : NO. 08-7548 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 31, 2008 and served on Defendant on or about January 7, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date:p l?©`? ZL'Iv-? UI Glenn Butler FILED-OFFICE' OF THE ;PROTHONOTARY LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email : lsaylor@pjrlaw.com Attorneys for Plaintiff 2010 SEP 23 PM 3: 32 CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN BUTLER, NO. 08-7548 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 11010 ?? Glenn Butler F7 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff CATHERINE L. BUTLER, Plaintiff V. GLENN BUTLER, Defendant {P???3_.?t 4N3ETA?? OF Si a i t'J ZO 5PP 23 P? 3: 32 `S 03ERLAQ COUNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7548 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint filed on December 31, 2008: Certified Mail, Return Receipt Requested, Restricted Delivery, who accepted service on or about January 7, 2009. 3. Date of execution of the Affidavit of Consent and Waiver of Notice required by § 3301(c) of the Divorce Code: (a) By Plaintiff Catherine L. Butler, on September 7, 2010; (b) By Defendant Glenn Butler, on September 15, 2010. 4. No other related claims are pending. 5. Plaintiff's and Defendant's Affidavits of Consent and Waivers of Notice are being filed with the Prothonotary simultaneously herewith. L OF PETE RUSSO, P.C. Attome or Plaints Peter J. Russo, Esquire ID #72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: r) I 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GLENN BUTLER, : NO. 08-7548 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Praecipe to Transmit Record and Proposed Divorce Decree upon the person(s) and in the manner indicated below: U.S. Mail addressed as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendant Date: q/22 /10 d oy? Amber L. Southard, Paralegal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE L. BUTLER V. GLENN BUTLER NO 08-7548 CIVIL TERM DIVORCE DECREE -1-d-1V 51 y dr a , it is ordered and decreed that AND NOW, CATHERINE L. BUTLER plaintiff, and GLENN BUTLER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Stipulated Property Settlement Agreement dated August 6, 2010 and filed August 10, 2010 is herein incorporated but not merged. By th urt, Attest: J. I u;[( Pr thonota Awkw 1D, f -rv `Y?